Bill 184 has received royal assent, and as the Landlord and Tenant Board begins to reopen for hearings and evictions tenants and landlords alike are wondering what this new bill means for them. If you’re a landlord these changes will have a significant effect on how you handle many aspects of your landlord-tenant relationship, but in particular, evictions.
Here’s what you need to know now about the changes brought by Bill 184.
Repayment Plans and Subsequent No Hearing Evictions
If a landlord and tenant mutually agree, by signing, to a repayment plan for rent arrears, and the tenant defaults on that plan a landlord can apply for an eviction order without a hearing. The tenant will have 10 days following such application to file a motion to set aside and obtain a hearing.
A tenant is not required to accept any prepayment plan proposed by the landlord, and vice versa, but either might have to answer to the board for not acting in good faith to reach an agreement.
Changes to No-Fault Evictions
Before Bill 184, there were some instances where “no-fault” evictions did not require the landlord to give compensation to the tenant. New scenarios have been added to the list of when a landlord must give the tenant either 1 months rent or provide an alternative unit acceptable to the tenant. This includes when the tenant is given notice due to a purchaser’s own use as well as for renovations in buildings with less than 5 units as previously such was only required for buildings of more than 5 units.
Owners and purchases will be required to provide an affidavit attesting to their intended personal use and disclose if they have had any other instances of a no-fault eviction in the past 2 years, to be filed at the same time as an application made to the board to terminate a tenancy for personal use.
The consequences of being found to have used a no-fault eviction in bad faith are increasing. The Board can award the tenant up to 12 month’s rent in addition to existing remuneration available to tenants. Additionally, fines are increased to $50,000 for individual landlords and $250,000 for corporations.
Improper Rent Increases Deemed Valid
If a tenant is given an improper rent increase, that increase is deemed valid if the tenant has paid the increased amount for 12 months. A tenant must file with the board to correct the rent increase and seek reimbursement before this 12 month mark.
Maintenance Issues at Non-Payment Hearings
Tenants will be able to address, at hearings for non-payment, issues that could grounds for an application made by the tenant. These items could be unresolved maintenance issues, harassment, or other reasons why a tenant might make a separate application to the board against their landlord.
Tenants will be required to give notice to the landlord in advance of their hearing that they intend to cite these issues in their defence or must reasonably explain why they were unable to do so.
Extensions to Applications for Compensation
Prior to Bill 184, a Landlord could only take tenants currently in possession of the unit to the board for compensation, be it for unpaid rent or damages. Landlords will now be able to make an application for compensation up to 12 months after the tenants have vacated the unit.
In addition to unpaid rent or damages, Landlords will now also be able to seek compensation for unpaid utilities owed by the tenant, also within 12 months of them vacating the unit.
If an application is made regarding a tenant no longer living in the unit, the landlord must provide proof that the past tenant served the notices against them.
If you have questions, we are here for you! Reach out to us at contactus@completePMinc.com or 905.920.7886.